These Poked Terms of Service (the "Terms and Conditions") rule the relationship between Poked, a French Société par actions simplifiée with a share capital of 5,000.00€, registered under the number 117000001570796530, having its registered address at 21 rue de Trévise, 75009 Paris, represented by Jules Maregiano and François Rouault, duly authorized for the purposed hereof ("Poked") and any person registered in its own name or in the name and on behalf of a legal entity (the "User") wishing to use the services offered on the Poked platform accessible at the address https://pokedhq.com (the "Platform").
Poked and the User are hereinafter referred to individually as a "Party" and collectively as the "Parties".
If the User is a legal entity allowing its employees, delegates, directors and/or subcontractors to access the Platform (these persons are hereinafter indistinctly referred as a "User"). In such a case, the legal entity undertakes to bring these Terms and Conditions to their attention. It guarantees that these persons will comply with these Terms and Conditions and, in any case, further warranties Poked for any breach by these Users of these Terms and Conditions.
These Terms and Conditions define the conditions under which the User can use the Platform.
Any registration on the Platform implies unreserved acceptance of the Terms and Conditions, which the User acknowledges having read and understood.
Article 1 – Definitions
Terms and expressions whose first letter of each word is in capital letters have, within the Terms and Conditions, the meaning assigned to them below, whether they are used in the singular or plural.
1.1 « User » means someone who employs Poked’s Platform.
1.2 « Service » means the Poked externalized application solution that is hosted on the servers and/or cloud that Service Provider designates and that Client may execute remotely. Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the Service and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, Poked may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, Poked will endeavor to inform You as early as possible and invite You to migrate your account to the new infrastructure.
1.3 « Data » means Client’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Client and Service Provider, and which may be intended for third parties, through the Service access and use rights.
1.4 « Force Majeure » shall mean the events external to the Parties, unpredictable and unstoppable, as defined by French case law, the following events shall be deemed to constitute a case of Force Majeure (without purporting to be an exhaustive list): war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; strike or social dispute, total or partial, external to both Parties; bad weather (in particular flooding, storms, and hurricanes); events declared as "natural disasters"; zombie invasion; fire; epidemic; transport or supply blockades (particularly energy); failure of electrical energy, heating, air conditioning supplies, of the telecommunication or data transport network; satellite failure.
Article 2 – Subscription – Access to the Platform
In order to register on the Platform, the User must complete every field of the registration form with full and accurate information. The data for which communication to Poked is mandatory are identified as such when the User is registered.
The User represents and warrants that s/he will be using the Platform in the course of her/his professional activity and, as a consequence, s/he shall not be considered as a consumer under applicable law.
In case of an incomplete or erroneous declaration, the User's account may be deactivated, ipso jure, without notice and without further formality. The User acknowledges that Poked shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration.
The User declares that s/he is able to enter into contractual relationships. Any User being under legal age warranties that s/he received the approval of her/his parents or of the person exercising the parental authority.
The registration and the creation of a User account is done using the email address that the User communicated to Poked and the password s/he chose (for security and confidentiality reasons, it is recommended to the User to select a password composed of several types of characters and modify it on a regular basis) or through a third-party connexion module.
The personal account of each User allows her/him to update her/his personal details.
The login name and password are personal and should not be disclosed to third parties. All uses of the Platform done using the login name and password of the User shall be deemed to have been performed by said User.
In case of disclosure of the User's login name and password, the User must connect to the Platform at the following address (firstname.lastname@example.org) in order to regenerate a new password.
2.2 Access to the Platform
Users are personally responsible for setting up the IT and telecommunications resources required to access the Platform.
Poked reserves the right, without notice or compensation, to temporarily or permanently close the Platform in order to perform maintenance operations.
Poked may make any changes and improvements to the Platform that it deems relevant.
Article 3 – Description of Service
3.1 Service offered to Users
The Service allows the User to display his/her LinkedIn.com Data in its interface.
3.2 Data hosting
According to the choices made by the User, some data may be collected while executing the APIs. In this case, the collected data may be hosted on the Platform or on a third-party server designated by the User. If the collected data is hosted on the Platform, the User can export all or part of her/his collected Data, at any time, on condition that all invoices that have been sent by Poked up to that date have been paid in full.
The Platform and, as applicable, the collected data, are hosted on the infrastructure defined and made available to the User by Poked, designed and sized at the discretion of Poked. This technical infrastructure may be shared by several of Poked's Users.
Article 4 – Price conditions - Duration
Access to and use of the Platform are offered by Poked at the prices featured on the relevant page, which can be found at the address https://www.pokedhq.com/pricing.
Some subscriptions (and in particular free subscriptions) are subject to certain usage restrictions, which are set out on the subscription page.
The User takes out a subscription for the period that is defined at the time said subscription is taken out (the "Initial Period"). At the end of the Initial Period, and of each successive subscription period, the subscription will be automatically renewed for the same period of time, except in case of early termination under the conditions set out in these Terms and Conditions. Poked invoices the subscription monthly, in arrears.
The cost of the subscription is liable to be given in Euros (€), American Dollars ($) and/or Pound Sterling (£), including all applicable taxes (depending on the regime that applies to the User) and is applicable from the date on which the User order is validated.
Orders can be paid online using a credit card, through the Stripe platform.
By accepting the Terms and Conditions, Users also accept the terms and conditions of use of the payment service provider Stripe available at the following URL address: https://stripe.com/fr/legal/ssa
The User warranties to Poked that s/he has the necessary authorization to use the payment method that s/he selected when validating the order. The purchase will be debited from the User's account at the time the order is processed. Poked will take all necessary steps to ensure the security and confidentiality of data provided online. The transaction will be processed on the Stripe platform, which alone will have access to the credit card details provided on the Platform at the time of payment. Poked reserves the right to suspend the processing of any order and any delivery if credit card payment authorisation is refused by an officially accredited organization or in case of non-payment. When the payment method has been selected, the User must pay for the order using the secure Stripe interface, which will legally finalize the purchase agreement that s/he has made with Poked. Online provision of credit card details and the final validation of the order by the User constitute proof of order and all sums due for the products selected in the order will become payable.
In case of failure to pay a subscription installment, the User's access to the Platform will be immediately suspended.
Article 5 – Users Obligations
5.1 Users undertakings
The Users undertake to:
- (i) have the necessary authorizations to access the LinkedIn.com credentials provided;
- (ii) not to access confidential information without permission;
- (iii) not to infringe on any third party's rights, including in particular copyright, patent, trademark, trade secret or any other intellectual property or proprietary rights;
- (iv) not to violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing the protection of personal data.
In any case, Poked has, a priori, no control over the content of Users on the Platform because the Users decide on their use.
The Users acknowledge that Poked shall in no event be held liable in the event that the Users fail to comply with the provisions of this Article 5.1.
In the absence of the prior written authorisation of Poked, it is prohibited to:
- (i) publish or to transmit, on or using the Platform, content of an illegal, threatening, humiliating, defamatory, obscene, hateful, child pornographic or blasphemous nature, or any other message that could constitute a crime or an offence, that could incur civil liability, breach legislation or incite others to do so, or content that could be used for any purposes that are contrary to law or to these Terms and Conditions;
- (ii) use the Platform in such a way as to, from our point of view, either negatively impact the performance or the functionalities of the Platform, or of any other computer system or network used by Poked or by any other third party, or negatively affect Platform Users;
- (iii) download or transmit into the Platform or use any hardware, software or routines containing viruses, Trojan horses, worms, time bombs or other programs and processes designed to damage, interfere with or attempt to interfere with the normal operation of the Platform, or to appropriate the Platform, or to resort to any means whatsoever to saturate our systems or breach third party rights;
The user is reminded that articles 323-1 and following of the French Penal Code provide for sentences of up to five (5) years in prison and fines of up to 150 000 Euros for the following:
- (i) fraudulently accessing and remaining in an automated data processing system;
- (ii) fraudulently deleting, modifying or adding data into that system;
- (iii) the fact of obstructing such system.
Poked undertakes to respond promptly to any request related to a use of the Platform that is obviously illegal and that would breach the rights of a third party. To this end the User (i) acknowledges and accepts that its use of the Platform may be immediately suspended, temporarily or definitively; and (ii) warrants Poked for any harm, expense or damage that such a use of the Platform could create for it.
Intervention by Poked on the Platform is strictly limited to: (i) those operations necessary for the provision of developments ordered from Poked by a User; (ii) maintenance and/or support required to keep the Platform operational; (iii) deleting obviously illegal content hosted on the Platform and of which Poked has been made aware.
Article 6 – Licence to use the Platform
6.1 Right to use the Platform
Poked grants to the User a personal, non-exclusive, non-transferable, without right to sub-license, right to use the Platform in the entire World, as long as the User's account is active on the Platform.
The User shall refrain itself, directly or indirectly, and shall refrain any person that is to use the Platform on its behalf (including its employees, agents, business partners and sub-contractors), unless with Poked's prior express written consent, from:
- (i) decompiling, disassembling the Platform, carrying out reverse engineering to create products derived from the Platform or attempt to discover or re-create the source code, the ideas on which it is based, the algorithms, file formats or programming or inter-operational interfaces of the Platform except within the limits of the rights granted under article L. 122-6-1 of the French Intellectual Property Code, in any way whatsoever. If the User should wish to obtain information to allow the Platform to interact with another software, the User undertakes to request such information from Poked, which may provide the User with the required information, subject to payment by this latter of the associated costs;
- (ii) fixing, alone or with the assistance of a third-party provider, any defect of the Platform in order to have it conforming to its destination, Poked exclusively reserving this right in accordance with article L. 122-6-1 I 2° of the French Intellectual Property Code;
- (iii) suppressing or deleting any reference or label related to the intellectual property rights of Poked and/or of any third party;
- (iv) transferring, using or exporting the Platform in violation of applicable legislation;
- (v) integrate or associate the Platform with other software or documents or create compose or derivative works relying on all or part of the Platform;
- (vi) performing any use of the Platform other than those allowed under these Terms and Conditions.
Article 7 – Personal data protection
7.1 Gathering of personal data by Poked
Poked respects the privacy rights of the User and recognizes the importance of protecting the information collected about him/her. This Article 7 is about how Poked collects, stores, and uses the personal information that the User provides to it.
Poked will, for its own use, process personal data related to the User, those data being (i) communicated by the User at the time of its registration or (ii) later on through her/his personal account on the Platform.
The information for which a communication to Poked is mandatory are identified as such upon registration and/or the purchase of a service.
Unless upon request or with the express consent of the User and in strict compliance with his/her directives, Poked will not proceed with any other personal data processing other than those described in this Article 7.
7.1.1 Legal basis for processing
By registering, subscribing or using Poked services, the User consents to the use of his/her personal data in line with these Terms and Conditions.
Furthermore, in order to use the Platform and benefit from Poked's services, the User accepted the terms and conditions.
This document formalizes a contractual relationship between the User and Poked, which serves in particular as the legal basis for the collection and processing of the User's personal data by Poked.
7.1.2 Purposes of the processing
Personal data gathered by Poked are processed for the following purposes:
- (i) Access and use of the Platform, understood as the consultation of the accessible information of the Platform;
- (ii) Sale of services;
- (iii) Order management (e.g., payment, billing);
- (iv) Statistical and market analysis, and marketing information;
- (v) Where required by law or in connection with legal proceeding or disputes;
- (vi) Manage requests for the exercise of the rights listed in Article 7.4 below;
- (vii) Any other use allowing the improvement of the Website and/or any other services provided by Poked.
7.1.3 Your rights
The User has the right to consult, rectify, delete, object and portability their personal data. He/she also has the right to define guidelines on the fate of personal data after his/her death.
In addition, the User may oppose, limit or withdraw her/his consent.
To exercise any of those rights, the User shall use the account management access provided to him/her or contact Poked on email@example.com, mentioning her/his name, surname and e-mail address.
7.1.4 Conservation of data
The personal data of the User are kept for a period of 60 days from their collection.
Audience measurement statistics shall not be kept for more than 2 years.
At the end of this period, the closure of a User's personal account triggers the deletion of all personal data allowing identification of the relevant User, with the exception of the data needed to be able for Poked to fulfill its legal obligations (e.g., billing data).
Certain data may be archived beyond the time limits provided for (i) in the event of contentious proceedings in order to establish the reality of the facts in dispute; and/or (ii) for the purposes of investigating, establishing and prosecuting criminal offenses for the sole purpose of making such data available to the judicial authority as necessary.
7.1.5 Recipients of personal data
Poked may temporarily and securely transfer certain personal data of the User to third parties when necessary:
- (i) the execution of the order placed by the User via the Platform (e.g. payment service provider);
- (ii) in response to an injunction from the legal authorities.
The User's personal information, and in particular email address, is not rented, sold, exchanged or shared with any other service providers if the User has not expressly accepted to receive promotional offers from other companies likely to be of interest to the User.
When Poked uses the User information as described in this policy, this may involve sending your information outside the European Economic Area (EEA). When Poked does this, Poked makes sure that appropriate steps are taken to protect the User's personal information and your rights.
All personal information that the User provides to Poked is strictly confidential.
Apart from generating statistics on Platform use, these traffic analyzing cookies will also, in association with certain types of advertising cookies (used on third party Platforms and/or contents when the User accesses them), deliver more relevant Web advertising.
7.1.7 Statistical use of anonymous data
For business purposes, Poked collects, handles, and stocks statistical data on Platform use and on User’s activities.
This information may be transmitted to third parties, is anonymous and does not reveal in any way whatsoever your identity, even indirectly.
7.2 Collection of personal data by Poked as a subcontractor
The User, as part of its marketing operations, may operate an automated processing of personal information within the meaning of Law No. 78-17 of 6 January 1978 ("Law No. 78-17") and the Data Protection Regulation ("GPDR"). In such case, it wishes to entrust certain technical aspects of this processing to Poked under the conditions defined hereinafter.
7.2.1 User's Undertakings
The User undertakes, for the performance of these Terms and Conditions, to:
- (i)Integrate into the Customer Data only the information that is strictly necessary for the proper performance of its services by Poked;
- (ii)Document in writing any instructions concerning the processing of Customer Data by Poked;
- (iii)Comply with the provisions of Law n° 78-17, of the GDPR and, more generally, of the regulations applicable in every country in which uses the services;
- (iv)Supervise Customer Data processing.
Poked cannot be held liable for a User's breach of applicable law, unless the law expressly provides otherwise.
It is up to the User to obtain the consent of the data subjects and to supply all relevant information to the individuals affected by the processing operation at the time the Customer Data is collected.
7.2.2 Poked's Undertakings
In accordance with article 32 of the GDPR, Poked will take and maintain all appropriate measures, and in particular the appropriate technical and organizational measures, to protect the safety and keep confidential the personal data that the User has entrusted to it for the provision of the services covered by these Terms and Conditions, in order to prevent it from being distorted, altered, damaged, distributed, or accessed by unauthorized persons.
Poked undertakes to ensure that those persons authorized to process the personal data on its behalf:
- (i) Undertake to respect the confidentiality or are subject to an appropriate legal duty of non-disclosure;
- (ii) Receive the necessary training in terms of personal data protection.
In any case, Poked undertakes to comply with applicable legal provisions relating to processing conditions and/or use of Customer Data as communicated by the User or to which it may have access as part of the supply of the services covered by these Terms and Conditions.
In particular, Poked undertakes to act only upon written instructions of the User for processing the personal data in question. Especially, Poked undertakes, during the course of these Terms and Conditions and beyond, not to use the nominative information that has been collected or to which it may have access in the performance of these Terms and Conditions, for purposes that are contrary to the Terms and Conditions. Poked undertakes to use the nominative information that has been collected or to which it may have access only for the purposes of supplying the services covered by these Terms and Conditions to the User.
Poked undertakes not to transmit Customer Data to any entity or individual other than its own service providers or third parties designated by the User.
Poked undertakes to assist the User, in as far as possible, by putting into place the appropriate technical and organizational measures; as well as by comply with its obligation to follow up on requests sent by individuals with a view to exercise their rights of access, rectification, deletion, objection, limitation and/or portability of data.
Poked undertakes, in as far as it appears necessary and given the information that has been communicated by the User, to help the User comply with its obligation to:
- (i) Notify the supervisory authority of a personal data breach;
- (ii) Communicate with the individual affected by a personal data breach;
- (iii) Carry out an impact study related to data protection.
Further, Poked undertakes, in conformity with the GDPR, to maintain a record of its personal data processing activities as a data processor for the User.
Poked will make available to the User the necessary documentation to show that it has complied with its obligations and to enable inspections to be carried out by the competent authorities or audits to be carried out by the User under the conditions defined by mutual agreement with Poked.
Poked will keep Customer Data during the term of the contractual relationship between the User and Poked. At the end of these Terms and Conditions, the Customer Data will be deleted, except for that which Poked is required to keep in order to comply with its legal obligations. In addition, upon the User's request, Poked may provide it with a back-up of the Customer Data at the end of the Terms and Conditions.
Poked reserves the possibility of entrusting the performance of all or part of its service provision under the Terms and Conditions to one or more sub-contractors, on condition that they have been approved – in advance and in writing – by the User and that they have committed to undertakings equivalent to the provisions of this article 7.2.
Article 8 – Intellectual property
The Platform is the exclusive property of Poked, in particular as regards the APIs developed by Poked, as well as all associated documentation even when made available to Developers.
All content that has not been put online by the User, and in particular, all data, functionality, text, names, designations, images, photographs, graphics, trademarks, sounds, is the exclusive property of Poked or its licensees. These Terms and Conditions shall not be construed as transferring any one of Poked's rights. Not one of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, hired, granted or used in any way whatsoever, without the prior written express agreement of Poked or its licensees.
Article 9 – Warranty – Liability
The Parties expressly agree that Poked is acting as a hosting provider for the contents and, as such, it has no general obligation to monitor the contents that is made available and/or broadcasted from its Platform.
To the full extent permitted by applicable law, Poked expressly waives all warranties towards the Users. Poked does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Platform will be uninterrupted and error-free. The User acknowledges in particular that Internet transmissions are not secured and may be delayed, lost, intercepted, corrupted, and that confidential information is transmitted over the Internet by the User at his/her own peril.
To the full extent permitted by applicable law, the User acknowledges that the Platform is provided "as is"and as such Poked shall not be liable for any damage, direct or indirect, whatever the grounds, which may have been suffered by fact of using the Platform, and therefore waives any claim for compensation. If Poked should be ordered to pay a financial penalty for any reason whatsoever, the Parties expressly agree that the amount of said penalty shall not exceed the amount of the sums actually paid by the User during the last six (6) months of subscription, which the Parties agree would be a fair amount in view of their respective undertakings in these Terms and Conditions.
Within the limits permitted by applicable statute, the User may only hold Poked liable for breach of these Terms and Conditions for a period of one (1) year from the date at which the breach in question arose, which the User specifically acknowledges and accepts.
Article 10 – Termination
The User may terminate his/her subscription by sending an e-mail to firstname.lastname@example.org. The termination of the Subscription shall be effective upon expiry of the ongoing Subscription period.
Would s/he wish so, the User may request that Poked deletes its account.
Poked reserves the right to (i) suspend access to the Platform or to certain functionalities of the Platform, or to (ii) terminate the account of the User by right, without notice, with no further formalities and no indemnity being due, by electronic mail or by regular mail, in the following cases:
- (i) The User has been using the Platform in a way which is contrary to public order and decency;
- (ii) The User has breached the intellectual property rights of Poked and/or a third party;
- (iii) Loss, misappropriation, unauthorized or fraudulent use of a username and password by the User;
- (iv) Conception, use or provision via the Platform of any content that is unlawful or in breach of these Terms and Conditions;
- (v) If an account is terminated the User may no longer use the Platform from his/her account, which will be closed.
Poked reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Platform. In case of a definitive interruption, the User will be informed by any means that should be deemed appropriate by Poked.
Poked shall under no circumstances be held liable to the User, a Developer or to any third party for the termination and/or suspension of the User's account under the conditions set out in this article.
Article 11 – Miscellaneous
11.1 Notification of unlawful content
In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21 2004, Poked has no general obligation to monitor the information that it hosts on the Platform.
If the User should find that content put online on the Platform and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., infringing of a third party's rights, defamatory), the User can notify Poked by sending an email using the form available on the Platform.
The User must supply Poked with all the necessary information so that Poked can identify the content in question and/or point it out to the editor or the administrator of the Platform on which the unlawful content is broadcast, such as:
- (i) Name, surname, profession, home address, nationality, date and place of birth (for an individual) or company form, name, registered head office and legal representative body (for a company);
- (ii) description of the disputed facts and their exact location;
- (iii) the reason for which the content must be withdrawn, including reference to the legal and factual basis.
11.3 Modification of these Terms and Conditions
Poked reserves the right, at any time, to modify these Terms and Conditions of use and sale as it may deem to be necessary and useful.
The User will be able to access them through her/his personal account and on the Platform.
Any User who does not specifically accept the new Terms and Conditions may terminate his/her account in application of these Terms and Conditions Article 11.3 stipulations.
11.4 Force Majeure
Neither Party shall be held liable if the performance of its obligations should be delayed, restricted or made impossible by virtue of a case of force majeure
If a case of Force Majeure should occur, the performance of the obligations of each Party shall be suspended. If the Force Majeure should last for more than one (1) month, this Agreement may be terminated at the request of the most diligent of the Parties, with neither Party being held liable. Each of the Parties shall bear their own costs that may be incurred as a result of the Force Majeure.
If one or other Party fails to exercise any one of its rights under the terms of this Agreement whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the Party in question.
11.6 Convention of Proof
Computerized records shall be kept in the systems of Poked under reasonable security conditions and shall be deemed to be proof of exchanges, actions, orders and payments that have arisen on the Platform or via email.
11.7 Relationship between the Parties
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of these Terms and Conditions shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
11.8 Partial Invalidity
If one or more of the provisions of these Terms and Conditions should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.
The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, in compliance with the applicable legislation and the mutual intent of the Parties.
Article 12 – Applicable law – Competent jurisdiction
These Terms and Conditions are governed by French law.
Any dispute related to the conclusion, the interpretation, the enforcement and/or the termination of these Terms and Conditions is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants.